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Monday, October 18, 2010

If you are asked by your Long-Term Disability insurance companies whether you are interested in a rehabilitation program, be careful. Long-Term Disability insurance companies adopt these programs to minimize the benefits they pay you. These rehabilitation programs are not often for your benefit. These programs are appealing because often you want to get back to work and not sit at home. Often people express a willingness to try a rehabilitation program. Often if you are able to do some of the rehabilitation program, the Long-Term Disability Insurance companies will say you are be able to work.

Call your Michigan Long-Term Disability attorneys today at 1-866-540-0677 to help you with your Disability Claim if you suffer from a physical or mental illness. If you are in Macomb County, Oakland County, Wayne County or anywhere else in Michigan and need help with your Long-Term Disability case, contact our office at mailto:info@allanwbenpc.com or look for more information on our website http://www.allanwbenpc.com

When you have applied for Social Security Disability it is important to continue your medical treatment. Just having your doctor write that you are disabled or you can not work is not good enough. Here are two important thing to know about your medical treatment.

1. Get Regular Medical Treatment: The Social Security Administration will not be satisfied unless you can demonstrate a consistent record of medical treatment. You must attend your doctor’s appointments, counseling sessions, fill your medication prescriptions, and do everything else advised by your psychiatrist or other medical expert.

2. Don’t Rely on Your Diagnosis: It is not enough to simply have an official diagnosis of bipolar disorder from an accredited medical practitioner. You will only win Social Security Disability for bipolar if you document how your illness impacts your ability to work. Use your paperwork to show the connections. For example, because of your bipolar disorder you often miss work, cannot concentrate and make mistakes in your work tasks, or get into arguments with co-workers.

Call Allan W. Ben P.C. your experienced Michigan Social Security Disability lawyers at 1-866-540-0677 to help you file for Social Security Disability benefits if you suffer from a physical or mental illness. If you are in Macomb County, Oakland County, Wayne County or anywhere else in Michigan and need help with your Social Security Disability case, contact our office at mailto:info@allanwbenpc.com or at http://www.allanwbenpc.com

Sunday, October 17, 2010

You do not need any money to hire our experienced Michigan Social Security Disability law firm to represent you before the Social Security Administration. Attorney fees for a Social Security disability or SSI claim are contingent on winning the claim. That means that you pay a fee only if you win, and when you are awarded benefits. You pay no fee if your claim is denied.

The attorney fee is 25% of the retroactive benefits awarded in your claim. This fee subject to a "cap" imposed by Social Security. The current fee cap is $6,000. So the fee is 25% of the back benefits or $6,000, whichever is less. An attorney is not entitled to a fee on your future benefits.

Attorney fees for Social Security claims are set by the Social Security Administration. The SSA must approve any fee that is charged in a Social Security case. Typically, the SSA approves the fee agreement, calculates the back benefits and the fee, and pays the fee directly to the lawyer.

If you have questions about your Michigan social security disability case contact our experienced social security disability attorneys at Allan W. Ben P.C.. Our website is http://www.allanwbenpc.com/ our direct phone number is 248-540-0677.

Thursday, October 14, 2010

Many people in their twenties and thirties wrongly believe that it's impossible to win a SSD or SSI claim. This is simply not true. If you have a work history, and if you have a disability that will prevent you from working for a year or more, you may be eligible for benefits, regardless of your age. While there is no doubt that it is more difficult to be awarded Social Security Disability, it is not impossible. Our firm often represents young adults applying for SSD or SSI Benefits.

Social Security uses a disability guidebook that contains a listing of impairments for all of the body systems and the criteria needed to meet the severity requirements of the various impairment listings. If a person meets or can equal an impairment listing’s criteria, they are found disabled whether they are an older or younger individual. It becomes more difficult if a younger person is not able to meet or equal the severity requirements of the impairment listing that deals with their disabling condition.

Do not be discouraged if your initial disability claim is denied or even if your reconsideration appeal is denied; your chances of being approved at a disability hearing are much greater.

Tuesday, October 5, 2010

The Benefit Eligibility Screening Tool (BEST) helps you find out if you could get benefits that Social Security administers. Based on your answers to questions, this tool will list benefits for which you might be eligible and tell you more information about how to qualify and apply.

Sunday, October 3, 2010

After every meeting I have with a client, whether it be a potential new client, or a client I have been representing for a while, I always remind them to be careful what they are doing because they likely will never know that a person is following them around town or watching them at home and keeping a detailed summary along with the conducting video surveillance.

Over the years, long term disability insurance companies have begun to rely more frequently on surveillance to help them defeat ERISA claims. The last few years has seen an increase in the aggressiveness of the insurance companies in general, so it should not be a surprise that they are engaging in these kinds of tactics more frequently.

The first question that I am asked by clients is whether or not the insurance company has the right to do this in the first place. That is a fair question. After all, it does not seem right that they can essentially spy on someone who was injured by something that their insured did! However, as unfair as that sounds, the law allows them to engage in limited surveillance.

A lot of people call and say, what am I supposed to do, sit home all day? I can’t live a life, I can’t do any activities because they will put me on video. Can I go to the gym, can I go grocery shopping? I have read court opinions that say, "the court has repeatedly asserted that the mere fact that a claimant has carried on certain daily activities does not detract in any way her credibility as to his/her overall disability. One does not need to be utterly incapacitated in order to be disabled." It is important for clients to understand that you can go about living your life and you do not have to be bed ridden, but it is also very important to be careful and not do to much.

I also tell client never to exaggerate their symptoms, it does not help you get a favorable result. If a doctor tells you not to lift anything over 10 pounds, than make sure you are not lifting heavy items. Sometimes it can hurt your case. It’s almost like your Miranda rights. What you say can and will be used against you. What you hold out to the insurance company, you better believe they can use it against you or they are going to use it against you.

After all, the truth is the truth. If you are following your physicians recommendations and staying within the limitations that they have prescribed for you, there should be nothing that the insurance company can record that would be of any real use to them.

If you have questions concerning your long-term disability claim contact an experienced long-term disability lawyer. We can answer your no matter what state you live in. Please visit our website at http://www.allanwbenpc.com

Friday, October 1, 2010

Social Security will look at all your medical conditions when determining whether or not you are disabled. It is extremely important when you are applying for Social Security Disability benefits because you have a mental condition, that you be under the care of a therapist, psychiatrist or psychologist on a regular basis. To often Claimants will have a mental disorder and only see their primary care doctor. That is not sufficient to help you establish a mental condition. Just because your primary care physician gives you medication for a mental disorder, does not mean the SSA will find that you are disabled. You need to have some specific evidence of a mental disorder. It is also important that you have a good record of following the doctors advice and take your medication as you are supposed to. It is important to have a diagnosis whether that diagnosis is depression, bipolar disorder, post-traumatic stress disorder, anxiety disorder, schizophrenia, or any other mental diagnosis. Often times many of these conditions have similar symptoms and even overlap and you may have multiple diagnosis over a period of time. You will want to look at all of the conditions listed to see if you may meet or equal one of these listings. If you think you do meet or equal one of the medical listings, you should take a copy to your doctor to get your doctor's opinion of whether or not you meet or equal one of the listed impairments. If your doctor feels you do you meet a listing, you should ask them for report explaining which listing and an explanation as to why you meet or equal the listed impairment. It is important to note that it is not enough to simply have a diagnosis of a mental condition in the medical listings of impairments. To be found disabled, due to meeting or equaling a listing, you have to have all the requirements the listing calls for. All is not lost if you do not meet or equal a listed impairment for your mental disorder. You can still be found disabled if the limitations from your psychiatric impairment would prevent any of your past relevant work and second any other work. So you may now want to know how do you show what your limitations are from your mental impairment. The two main ways to show your mental limitations that would prevent you from working are by a doctors report or by your doctor completing a Mental Residual Functional Capacity Questionnaire. Social Security will also probably send you to a mental health examination and they will have their own doctors assess what your mental limitations are. It is extremely important to have your own psychiatrist's opinion as to your limitations because if your treating doctors opinion is supported by the medical records and not inconsistent with those records it is supposed to be given more weight than the Social Security doctors opinions.

There are nine categories that the SSA uses to assess mental disorders and approve or deny benefits. If your ability to work is impeded by one of the following disorders, you may be eligible to apply for benefits:

1. Organic Mental Disorders: Characterized by mental and behavioral dysfunction, stemming from an organic factor, that is repetitive and/or a deteriorating condition. Specifically, these disorders cause changes or corrosion of normal cognitive function.

3. Affective Disorders: Conditions with marked mood disturbances. Mood disturbances could be manifested as depressive or manic episodes, or a combination of the two.

4.Mental Retardation: Stunted developmental or intellectual growth, characterized by the inability to care for themselves or otherwise function independently.

5.Anxiety-Related Disorders: Manifestations of anxieties, usually including issues like intense phobias, panic attacks, obsessions, and compulsions.

6. Somatoform Disorders: Disorders for which no physical cause can be found, but that persistently hinder the ability for the sufferer to lead a normal life. Symptoms may present themselves or may be perceived by the sufferer.

7. Personality Disorders: Marked by personality traits that resist adaptation. Traits can be mood disturbances, thought processes, or other traits like hostility, paranoia, or dependence. The disorder must not be limited to infrequent episodes, but a long-term impediment in the individual’s life.

9. Autistic Disorder or Other Developmental Disorders: Marked by impaired development, usually in the realms of communication, imagination, and social interaction.

Call your Michigan Social Security Disability attorneys today at 1-866-540-0677 to help you file for Social Security Disability benefits if you suffer from a physical or mental illness. If you are in Macomb County, Oakland County, Wayne County or anywhere else in Michigan and need help with your Social Security Disability case, contact our office at mailto:info@allanwbenpc.com . You can also visit our website at http://www.allanwbenpc.com/

Saturday, August 21, 2010

Obesity, a disease characterized by a body mass index (BMI) of 30.0 or higher, has become a massive issue across the United States. Excess body weight can make it nearly impossible for some sufferers to perform every day tasks like driving, bathing, or even walking. Obesity used to be on the Social Security Administration's (SSA) list of medical impairments, allowing sufferers to claim Social Security disability benefits if their obesity prevented them from holding down gainful employment. However, now that the listing has been removed, claimants can no longer point to obesity as their sole disability to receive benefits.

There are still two ways in which obese claimants can become eligible for Social Security disability benefits.

1. The obese claimant is suffering from additional ailments, perhaps caused by their obesity. Obesity can cause severe conditions, ranging from heart disease to diabetes, most of which are on the SSA's list of medical impairments. You or your disability attorney can submit a claim using the subsequent listed condition instead of obesity to make your claim. Be sure to note in your claim the ways in which the condition, combined with your obesity, has affected your ability to work.

2. The claimant can apply for a medical vocational allowance. A medical vocational allowance is for claimants who can prove that their disability prevents them from working, despite its absence from the SSA's list of medical impairments. Your physician, or a Social Security physician, must provide the court with a statement of residual functional capacity (RFC). RFC statements specify exactly what activities your condition prevents you from performing.

If an individual suffers from a condition that is a listed impairment and the effects of individual's obesity increase the severity of the other medical condition that an individual can be found to meet or equal a listed impairment due in part to the obesity. In other words, if a claimant has a medical condition on the listings of impairments that by itself does not meet or equal a listing, the fact that the individual is obese may complicate that medical conditions further to where it does meet the listing and therefore the individual can be found disabled at this step of their SSDI claim.

SSA will find that a listing is met if an impairment in combination with obesity meets the requirements of a listing. For example, obesity may increase the severity of coexisting or related impairments to the extent that the combination of impairments meets the requirements of a listing. This is especially true of musculoskeletal, respiratory, and cardiovascular impairments.

This may be true for mental disorders. For example, when evaluating impairments under mental disorder listing 12.05C, obesity that is "severe" satisfies the criteria in listing 12.05C for a physical impairment imposing an additional and significant work-related limitation of function.

Call your Michigan Social Security Disability attorneys today at 1-866-540-0677 to help you file for Social Security Disability benefits if you suffer from a physical or mental illness. If you are in Macomb County, Oakland County, Wayne County or anywhere else in Michigan and need help with your Social Security Disability case, contact our office at mailto:info@allanwbenpc.com

Friday, August 20, 2010

Heart disease is a common medical condition and Social Security adjudicators and judges see cardiac cases frequently. You can make your case stand out by reporting to your doctor about symptoms and limitations that would make it difficult for you to work. Common "work activity" limitations for heart patients include shortness of breath, chest pain, lack of blood flow to the extremities (cold or "blue" hands and feet), depression, water retention, vascular complications, headaches, fainting spells, depression, anxiety and fatigue.

Heart disease, according to the Social Security Administration, has four consequential impairments that would make a claimant eligible for disability benefits:

a. Persistent heart failure or impairment of the left or right ventricle

b. Lack of blood flow to the heart (medically known as myocardial ischemia), resulting in pain, discomfort, or possibly necrosis

c. Inadequate blood flow to the brain, stemming from a cardiac impediment, that sometimes results in syncope or near syncope

d. Lack of oxygen in the blood, causing central cyanosis, stemming from arterial or vascular deterioration or obstruction

The causes of heart disease vary by type of heart disease. While cardiovascular disease can refer to many different types of heart or blood vessel problems, the term is often used to mean damage caused to your heart or blood vessels by atherosclerosis, a buildup of fatty plaques in your arteries, blood vessels that carry oxygen and nutrients from your heart to the rest of your body.

Healthy arteries are flexible and strong. Over time, however, too much pressure in your arteries can create excessive wear and make the walls thick and stiff, therefore restricting blood flow to your organs and tissues. This process is called arteriosclerosis, or hardening of the arteries.

Atherosclerosis is the most common form of this disorder. Atherosclerosis is also the most common cause of cardiovascular disease, and it is caused by a variety of factors, including an unhealthy diet, lack of exercise, being overweight and smoking. All of these are major risk factors for developing atherosclerosis and, in turn, cardiovascular disease.

Cardiovascular disease may continue to be undiagnosed until the condition worsens to the point of a heart attack, chest pain (angina), stroke, heart failure, or sudden cardiac death. It's important to watch for cardiovascular symptoms and discuss any concerns with your doctor.

Some of these symptoms include the following:

a. Chest pain (angina)

b. Shortness of breath

c. Pain, numbness, weakness or coldness in your legs or arms, if the blood vessels in those parts of your body are narrowed

d. Cardiovascular disease can sometimes be found early with regular doctor visits.

If, in conjunction with your heart disease, you are suffering from other symptoms, side-effects, or ailments, you may be able to present these conditions in your case. Your case will be stronger if these other conditions also prove to be obstacles in attaining, and keeping, gainful employment.

As the main issue in a Social Security case has to do with job reliability, you should ask your doctor to comment about how your heart disease would impact your ability to perform specific job tasks and about how it would affect your reliability (i.e. unscheduled breaks or missed days from work). Do not forget that some medication side effects can create activity limitations. Activity limitations in general are often referred to by SSA as "exertional limitations." In addition, heart disease can result in significant chest pain (angina) as well as anxiety or depression. Pain or depression/anxiety are referred to as "non-exertional" limitations because they affect your state of mind, and ability to concentrate or focus.

Call your Michigan Social Security Disability attorneys today at 1-866-540-0677 to help you file for Social Security Disability benefits if you suffer from a physical or mental illness. If you are in Macomb County, Oakland County, Wayne County or anywhere else in Michigan and need help with your Social Security Disability case, contact our office at http://allanwbenpc.com/ or mailto:info@allanwbenpc.com

When you apply for Social Security Disability benefits, there is a good chance that your application will be denied. Frequently deserving cases will be denied because the Social Security claims agent does not have medical records or other documentation to fully evaluate your claim.

If you are denied, do not give up. You can and should appeal your denial by filing a request for reconsideration within 60 days after receiving your denial. If your reconsideration appeal is also denied, you can and should request a hearing before a Social Security judge. Here, too, you have 60 days to file an appeal.

When you request a Social Security hearing, your case will be assigned to an administrative law judge in your community. Unlike the Social Security claims agents, Social Security judges have much more decision making power to approve your case. In most cases, you are better off retaining a lawyer to represent you in a hearing before a judge.

If you have misplaced the address for appeal, call SSA at 800-772-1213 to ask for a mailing address. Otherwise, look up the address in the phone book. If you are nearing the 60 day deadline, hand deliver your appeal to your nearest Social Security office and make sure to get a receipt for your filing.

Even if you send your appeal to the Social Security Administration at the wrong address, your appeal date will most likely be protected as long as someone, somewhere at Social Security received it. Even a fax will suffice.

Similarly, if you cannot download the appeal form, prepare something in writing that references your name and Social Security number along with a statement that you want to appeal, and get it to SSA.

You should always file your appeal within 60 days. It usually takes 1 to 2 years for your Social Security Disability appeal to be heard. During that time your condition(s) could get worse or you could get a new condition that will strengthen your case.

Call your Michigan Social Security Disability attorneys today at 1-866-540-0677 to help you file for Social Security Disability benefits if you suffer from a physical or mental illness. If you are in Macomb County, Oakland County, Wayne County or anywhere else in Michigan and need help with your Social Security Disability case, goto our website at http://allanwbenpc.com or contact our office at mailto:info@allanwbenpc.com

Friday, July 30, 2010

Whether you are applying for SSD or SSI the process is still the same.

1) Initial application

The claimant must complete an application for disability benefits. Then, the Disability Determination Service obtains your medical evidence and goes through the 5-step evaluation to determine disability. The claimant may be scheduled for a consultative examination with a state doctor as well.

2) Hearing before an Administrative Law Judge

If the initial application is denied, the claimant can file a request for a hearing before a judge, in which the case is presented through the claimant’s testimony and medical evidence. An impartial vocational or medical expert may also testify at the hearing. Although the claimant has a right to a hearing, he/she may waive that right, opting for a decision based only upon the medical evidence instead. Upon evaluation of all the evidence, the judge will issue a written decision.

A request for a hearing must be filed within 60 days of the date of denial. If you fail to do so, your case is over. You can start a new case, but you will not be able to go back to the date your filed your original case. Call 866-540-0677 and our experienced Michigan Social Security Disability lawyers can help you file your appeal. You should mail your appeal to the appeal address shown on your denial notice, preferably by registered mail, return receipt requested.

If you have misplaced the address for appeal, call SSA at 800-772-1213 to ask for a mailing address. Otherwise, look up the address in the phone book. If you are nearing the 60 day deadline, hand deliver your appeal to your nearest Social Security office and make sure to get a receipt for your filing.Even if you send your appeal to the Social Security Administration at the wrong address, your appeal date will most likely be protected as long as someone, somewhere at Social Security received it. Even a fax will suffice.

3) Appeals Council

If the claimant receives an unfavorable decision, or does not fully agree with the judge’s decision, an appeal can be filed with the Appeals Council. The Appeals Council is comprised of administrative law judges who have the authority to grant, remand or deny your appeal. The Appeals Council will consider the hearing record and any additional evidence that has been submitted subsequently.NOTE: An Appeals Council appeal must be filed within 60 days of the date of the unfavorable decision.

4) U.S. District Court and beyond

If you do not agree with the action the Appeals Council has taken, the appeal moves out of the administrative courts. Subsequent appeals are filed in the federal courts: U.S. District Court, U.S. Circuit Court of Appeals and U.S. Supreme Court. It is very rare that a person gets to this level. Most cases are not overturned at these levels.

For a Michigan Social Security Disability Attorney, the lawyers at Allan W. Ben P.C have years of experience winning Social Security Disability cases. At Allan W. Ben P.C., we work with first time applicants or those interested in appealing their Social Security Disability application that were denied. Our lawyers will walk you through the process to determine if you are eligible for benefits. If so, we offer to be your representative through the whole process, helping you submit your initial application for Social Security Disability Benefits, collect medical evidence, and appeal your denied claim in court if needed. Call are office toll free at 866-540-0677 or by email at mailto:info@allanwbenpc.com

Thursday, July 29, 2010

A question we often get from clients are "I am receiving Unemployment Compensation benefits, can I still apply for Social Security Disability?"

If you are collecting Unemployment Compensation you can still apply for Social Security Disability. It is somewhat of a contradiction. Unemployment Compensation benefits are collected when you are fired from a job. Usually, in order to continue to collect Unemployment Compensation benefits you must be looking for employment. People applying for Social Security Disability are stating they need compensation because they are too disabled to work.

In 2006, the Chief Administrative Law Judge issued a memo to all the ALJ's reminding them that "the receipt of unemployment insurance benefits does not preclude the receipt of Social Security Disability benefits. It is only one of many factors that must be considered."

Also, the Social Security Regulations state that a person over 50, whose past work was physically demanding, is disabled if he or she is now limited to sedentary work. Thus, even if such a person receives Social Security Disability, he or she could be "ready willing and able" to do sedentary work and thus qualify for unemployment compensation as well!

The same is true for part time work; being "ready willing and able to work," but only less than full time, appears to allow for the receipt of both types of benefits.

As a practical matter the Agency and especially the Judges understand the need to get some income, so this has never been a significant problem for my clients. I have not seen any judges find a claimant not disabled until his unemployment compensation is exhausted, or even deny a claim due to receipt of unemployment compensation.

For a Michigan Social Security Disability Attorney, the lawyers at Allan W. Ben P.C have years of experience winning Social Security Disability cases. At Allan W. Ben P.C., we work with first time applicants or those interested in appealing their Social Security Disability application that were denied. Our lawyers will walk you through the process to determine if you are eligible for benefits. If so, we offer to be your representative through the whole process, helping you submit your initial application for Social Security Disability Benefits, collect medical evidence, and appeal your denied claim in court if needed. Call are office toll free at 866-540-0677 or by email at mailto:info@allanwbenpc.com

Social Security insured status depends completely upon quarters of coverage, a.k.a. work credits, for both fully insured and disability insured status. To be fully insured, you need at least one quarter of coverage for each year after the year you turned 21 and the earliest of the following: the year prior to your turning sixty-two, the year before you die, or the year you became disabled.

The minimum amount of quarters of coverage needed to be fully insured is six quarters of coverage and the maximum needed is forty quarters of coverage. Each year, an individual has the potential of earning four quarters of coverage through their work activity. Social Security establishes a monetary amount each year for a quarter of coverage. The amount of quarters of coverage or work credits that an individual earns has a direct affect upon their disability insured status.

Whether or not a claimant meets the medical disability listing set out by the Social Security Administration (SSA), to be eligible for Social Security disability benefits (under title II) the applicant must have earned a sufficient number of work credits in the years leading up to their disability. The amount of income required to earn a work credit changes from year to year, but in 2010 a worker can earn one work credit for every $1,120 in taxable income--capping out at four credits per year. In order to earn credits on income, the claimant must have paid Social Security taxes on that income.

The number of work credits required to claim disability is not the same for every claimant, and it depends heavily on your age at the time of disability. What claimants must also consider is that work credits must typically be earned within a recent time frame. The following is a breakdown of the credits required for claimants at a variety of ages:

--Age 23 or younger - Claimants are required to have at least 6 work credits, all earned within the 3 year period leading up to your disability.

---Between ages 24 and 31 - To qualify, work credits earned since the age of 21 should amount to half-time employment. For instance, a worker that becomes disabled 4 working years after age 21 (age 25) will require work credits totaling the equivalent of 2 years of full-time work (8 credits).

--Over the age of 31 - Eligible claimants are required to have at least 20 work credits earned within the 10 years leading up to the disability. As the claimant's age increases, so does the number of required work credits. By age 62, claimant's will need a total of 40 work credits.

Blind claimants, or those with low vision, have different work credit requirements. Their work credits may be accumulated over the course of all of their working years, and credits may still be earned for work performed even after becoming blind. If vision impaired claimants still do not meet the work credit requirements, they may sometimes acquire benefits using the work credits of a parent or spouse.

If an individual does not have enough work credits to be insured for Social Security disability benefits? Fortunately, Social Security administers another disability program that is based upon need rather than insured status. Individuals who are not insured for Social Security disability benefits may be eligible for Supplemental Security Income Disability benefits (SSI) if they are able to meet the income and resource limits of the program. SSI is like many other programs in that it has income and resource limits. Income might be wages, pension, disability benefits (short or long term), Workman’s Compensation, rental income, interest, etc., and a resource might be land (other than where an individual lives), inheritance, trust fund, bank account, 401K, stocks, bonds, etc). If an individual’s income or resources do not exceed the SSI program limits they may be eligible for disability benefits through the SSI disability program even though they do not have enough work credits for Social Security disability.

For a Michigan Social Security Disability Attorney, the lawyers at Allan W. Ben P.C have years of experience winning Social Security Disability cases. At Allan W. Ben P.C., we work with first time applicants or those interested in appealing their Social Security Disability application that were denied. Our lawyers will walk you through the process to determine if you are eligible for benefits. If so, we offer to be your representative through the whole process, helping you submit your initial application for Social Security Disability Benefits, collect medical evidence, and appeal your denied claim in court if needed. Call are office toll free at 866-540-0677 or by email at mailto:info@allanwbenpc.com

Many people applying for SSA Disability benefits, especially those who have been denied at the initial application level, have not worked for a while. Many of these people do not have money to pay for a Social Security Disability Lawyer. Therefore, the number one question on people’s minds is: How can I afford to pay an attorney when I am not working? The answer is simple: you only pay an attorney’s fee if you win your case. Generally, a disability attorney will represent clients on a contingency basis. That means you do not pay an attorney anything in advance and you do not pay an attorney fee if you do not win your case.

The SSA and federal law govern attorney’s fees in disability cases. The standard fee agreement states that the attorney’s fee is contingent upon winning your case. The fee is 25% of all past due benefits, up to a maximum of $6,000, or whichever is less. Thus, depending on the amount of your past due benefits, attorney fees are usually only a small portion of the benefits you receive.

For a Michigan Social Security Disability Attorney, the lawyers at Allan W. Ben P.C have years of experience winning Social Security Disability cases. At Allan W. Ben P.C., we work with first time applicants or those interested in appealing their Social Security Disability application that were denied. Our lawyers will walk you through the process to determine if you are eligible for benefits. If so, we offer to be your representative through the whole process, helping you submit your initial application for Social Security Disability Benefits, collect medical evidence, and appeal your denied claim in court if needed. Call are office toll free at 866-540-0677 or by email at mailto:info@allanwbenpc.com

In determining whether or not you may be entitled to Social Security Disability, the SSA uses a 5-step sequential evaluation process.

1. The first step is whether you are working?Step 1 determines if an person is "working", according to the Social Security Administration definition. Earning more than this amount a month as an employee is enough for disqualification from receiving Social Security Disability.

2. The second step is to determine if your condition is severe enough?Step 2 evaluates whether your medical condition is severe enough to significantly limit your ability to perform basic work activities. In addition, the impairment must last, or be expected to last, for a continuous period of not less than 12 months or result in death.

3. Does SSA list your condition as an impairment?Step 3 asks if the impairment meets or equals a medical "listing." The Social Security Administration uses more than 150 categories of medical conditions, called "listings." You can browse the Social Security listed impairments for adults. These conditions are severe enough to presumptively preclude a person from working. If you "meet or equal a listing" you will be granted benefits. If you do not meet a listing, the SSA proceeds to Step 4.

4. Are you able to do the work you previously did?Step 4 explores your ability to perform work you have done in the last 15 years. If the Social Security Administration finds that you can still perform this past relevant work, even if you have disabilities, benefits are denied.

It does not matter in step 4 if you were fired or laid off, if your former employer would not hire you, or if the place where you worked is no longer in business, or if all those jobs are now done in Mexico. The SSA will match your physical and mental residual functional capacity with the requirements of your former job.If you cannot perform your past relevant work, then the process proceeds to the fifth and final step.

5. Are you able to do any other type of work?Step 5 determines what other work, if any, the person can perform. In making their determination, the SSA will take into consideration your age, education, work experience and physical/mental condition. If the SSA finds that you cannot make the transition to other work, you will be approved for your SSD benefits.

For a Michigan Social Security Disability Attorney, the lawyers at Allan W. Ben P.C have years of experience winning Social Security Disability cases. At Allan W. Ben P.C., we work with first time applicants or those interested in appealing their Social Security Disability application that were denied. Our lawyers will walk you through the process to determine if you are eligible for benefits. If so, we offer to be your representative through the whole process, helping you submit your initial application for Social Security Disability Benefits, collect medical evidence, and appeal your denied claim in court if needed. Call are office toll free at 866-540-0677 or by email at mailto:info@allanwbenpc.com

Monday, July 26, 2010

In SSR 83-10, the Social Security Administration defines the different exertional levels of a job. Social Security defines each level based on how much weight can be picked up, how long a person can sit and stand, how long a person can walk etc.

Sedentary Work:

Lifting and carrying is limited to 10 pounds or less, standing and walking is limited to under two hours out of an eight hour day. The majority of the time is spent sitting. However, a job can allow you to alternate between sitting and standing, and still be considered a sedentary job.

The regulations define sedentary work as involving lifting no more than 10 pounds at a time and occasionally lifting or carrying articles like docket files, ledgers, and small tools. Although sitting is involved, a certain amount of walking and standing is often necessary in carrying out job duties. Jobs are sedentary if walking and standing are required occasionally and other sedentary criteria are met. By its very nature, work performed primarily in a seated position entails no significant stooping. Most unskilled sedentary jobs require good use of the hands and fingers for repetitive hand-finger actions.

"Occasionally" means occurring from very little up to one-third of the time. Since being on one’s feet is required "occasionally" at the sedentary level of exertion, periods of standing or walking should generally total no more than about 2 hours of an 8-hour workday, and sitting should generally total approximately 6 hours of an 8-hour workday. Work processes in specific jobs will dictate how often and how long a person will need to be on his or her feet to obtain or return small articles.

Light Work:

The standing and sitting maximums are flipped: sitting is limited to 2 hours out of an eight-hour day, and standing is limited to 6 hours out of an eight-hour day. Lifting increases from 10 pounds to 20 pounds occasionally, and 10 pounds frequently.

The regulations define light work as lifting no more than 20 pounds at a time with frequent lifting or carrying of objects weighing up to 10 pounds. Even though the weight lifted in a particular light job may be very little, a job is in this category when it requires a good deal of walking or standing, the primary difference between sedentary and most light jobs. A job is also in this category when it involves sitting most of the time but with some pushing and pulling of arm-hand or leg-foot controls, which require greater exertion than in sedentary work; e.g., mattress sewing machine operator, motor-grader operator, and road-roller operator (skilled and semiskilled jobs in these particular instances). Relatively few unskilled light jobs are performed in a seated position.

"Frequent" means occurring from one-third to two-thirds of the time. Since frequent lifting or carrying requires being on one’s feet up to two-thirds of a workday, the full range of light work requires standing or walking, off and on, for a total of approximately 6 hours of an 8-hour workday. Sitting may occur intermittently during the remaining time. The lifting requirement for the majority of light jobs can be accomplished with occasional, rather than frequent, stooping. Many unskilled light jobs are performed primarily in one location, with the ability to stand being more critical than the ability to walk. They require use of arms and hands to grasp and to hold and turn objects, and they generally do not require use of the fingers for fine activities to the extent required in much sedentary work.

Medium Work:

Medium work requires almost constant standing or walking, or kneeling, squatting, bending, climbing along with lifting 50 pounds occasionally and up to 25 pounds frequently.

The regulations define medium work as lifting no more than 50 pounds at a time with frequent lifting or carrying of objects weighing up to 25 pounds. A full range of medium work requires standing or walking, off and on, for a total of approximately 6 hours in an 8-hour workday in order to meet the requirements of frequent lifting or carrying objects weighing up to 25 pounds. As in light work, sitting may occur intermittently during the remaining time. Use of the arms and hands is necessary to grasp, hold, and turn objects, as opposed to the finer activities in much sedentary work, which require precision use of the fingers as well as use of the hands and arms.

The considerable lifting required for the full range of medium work usually requires frequent bending-stooping. (Stooping is a type of bending in which a person bends his or her body downward and forward by bending the spine at the waist.) Flexibility of the knees as well as the torso is important for this activity. (Crouching is bending both the legs and spine in order to bend the body downward and forward.) However, there are relatively few occupations in the national economy which require exertion in terms of weights that must be lifted at time (or involve equivalent exertion in pushing and pulling), but are performed primarily in a sitting position, e.g., taxi driver, bus driver, and tank-truck driver (semi-skilled jobs). In most medium jobs, being on one’s feet for most of the workday is critical. Being able to do frequent lifting or carrying of objects weighing up to 25 pounds is often more critical than being able to lift up to 50 pounds at a time.

Heavy and very heavy work:

Heavy and very heavy work is any work above the median exertional category. It involves jobs lifting up to, or more than, 100 pounds. The heaviest and most difficult construction work, often including construction cleanup, may be characterized as heavy or very heavy work.

If you or a loved have applied for Social Security Disability you should consult with an experienced Michigan and Arizona Social Security Disability attorney. Allan W. Ben P.C. is a Michigan and Arizona Social Security Disability law firm which can help you or your loved one with their case. We handle cases all over Michigan including Oakland County, Wayne County, Macomb County and Livingston County. We also handle Social Security cases in Scottsdale and Phoenix, call are office toll free at 866-540-0677 or by email at mailto:info@allanwbenpc.com

The Social Security Administration must consider your treating doctor’s opinion and, under appropriate circumstances, give it controlling weight. The Social Security Administration evaluates the weight to be given your doctor’s opinion by considering:

a. The nature and extent of the treatment relationship between you and your doctor.

b. How well your doctor knows you.

c. The number of times your doctor has seen you.

d. Whether your doctor has obtained a detailed picture over time of your impairment.

e. Your doctor’s specialization.

f. The kinds and extent of examinations and testing performed by or ordered by your doctor.

g. The quality of your doctor’s explanation of your impairment.

h. The degree to which your doctor’s opinion is supported by relevant evidence, particularly medically

acceptable clinical and laboratory diagnostic techniques.

i. How consistent your doctor’s opinion is with other evidence.

We advise all of our Social Security Disability clients to fully disclose all symptoms and limitations, when they are talking to their doctor or the nurse. It is important to find anything to which you would testify in a hearing, to be found in your medical records. It is much more difficult for a judge to discredit your testimony if there is supporting medical documentation. You are the only person who can impact reported symptoms and limitations. It is even more important that you report everything if you have limited insurance coverage or can only see the doctor once every few months. Taking advantage of every appointment to fill the record with your description of your symptoms and limitations gives your doctor a much better basis upon which to provide a professional opinion of your inability to work.

A medical source statement is an opinion from your doctor regarding the nature and severity of your limitations due to your medically-determinable impairments. A medical source statement is often simply a form that is completed and signed by your doctor. The Michigan Social Security Lawyers at Allan W. Ben P.C. have created several different forms for doctors to complete. These forms are designed to be specific to your disability. A medical source statement can be one of the most powerful pieces of evidence that a lawyer can develop for your Social Security Disability claim.

The doctor should mail the form back to our office for an experienced Oakland County Social Security Lawyer to review. It is important for the doctor to state that because of your disability you are unable to work. The attorneys at Allan W. Ben P.C. will work with you and your doctors to make sure that your records are properly submitted to the SSA and that any documents needed from your doctors will be completed.

If you or a loved have applied for Social Security Disability you should consult with an experienced Michigan and Arizona Social Security Disability attorney. Allan W. Ben P.C. is a Michigan and Arizona Social Security Disability law firm which can help you or your loved one with their case. We handle cases all over Michigan including Oakland County, Wayne County, Macomb County and Livingston County. We also handle Social Security cases in Scottsdale and Phoenix, call are office toll free at 866-540-0677 or by email at mailto:info@allanwbenpc.com

Listed below are tips on documenting the frequency, severity, and duration of your symptoms and limitations caused by your diagnosis:

What You Should be Documenting: Document everything that prevents you from working. It is very important to document why your chronic pain or fatigue is different from what the average person experiences. Most people experience some degree of pain or fatigue from time to time, so you need to be able to distinguish your degree of pain and fatigue from the average so your doctors and the judge can get an idea of why your symptoms prevent you from working at any job. For example, if your pain is so frequent, severe, and lasts so long that you need to lie down several hours each day, then the Social Security Judge may understand that your pain is disabling and will prevent you from working at any job.

Obtain a Copy of Your Medical Records from Your Treating Physicians: Obtaining a copy of your treating physician's medical records will give you an idea of whether your symptoms or limitations are being properly recorded. You may be surprised to find that your symptoms or limitations have not been recorded by your doctor. Also, your doctor's notes may be illegible. Illegible handwriting is a real problem. Judges who decide your disability case generally do not try too hard to decipher what the doctor's notes say. If this is an issue, make an appointment with your doctor and explain the importance of the documentation for your case. Hopefully your doctor will be willing to improve the way he documents your symptoms and limitations. This can be the difference in winning and losing your case.

Keep a Diary of Your Symptoms and Limitations Before Your Next Doctor's Visit: Keep a short diary of your daily life before your next doctor's appointment. The diary entries should be short and simple. Document if you cannot get out of bed due to your chronic pain or fatigue. Document if you were only able to sleep for two hours the night before and then had to take naps the next day. Document migraine headaches that last three days even though you took your medication. By documenting your symptoms or limitations, you will be able to give your doctor a list of how these affect your daily life.

If you or a loved have applied for Social Security Disability you should consult with an experienced Michigan and Arizona Social Security Disability attorney. Allan W. Ben P.C. is a Michigan and Arizona Social Security Disability law firm which can help you or your loved one with their case. We handle cases all over Michigan including Oakland County, Wayne County, Macomb County and Livingston County. We also handle Social Security cases in Scottsdale and Phoenix, call are office toll free at 866-540-0677, by email at mailto:info@allanwbenpc.com , or www.allanwbenpc.com

Sunday, July 25, 2010

When you apply for Social Security Disability benefits, there is a good chance that your application will be denied. Frequently deserving cases will be denied because the Social Security claims agent does not have medical records or other documentation to fully evaluate your claim.

If you are denied, do not give up. You can and should appeal your denial by filing a request for reconsideration within 60 days after receiving your denial. If your reconsideration appeal is also denied, you can and should request a hearing before a Social Security judge. Here, too, you have 60 days to file an appeal.

When you request a Social Security hearing, your case will be assigned to an administrative law judge in your community. Unlike the Social Security claims agents, Social Security judges have much more decision making power to approve your case. In most cases, you are better off retaining a lawyer to represent you in a hearing before a judge.

If you have misplaced the address for appeal, call SSA at 800-772-1213 to ask for a mailing address. Otherwise, look up the address in the phone book. If you are nearing the 60 day deadline, hand deliver your appeal to your nearest Social Security office and make sure to get a receipt for your filing.

Even if you send your appeal to the Social Security Administration at the wrong address, your appeal date will most likely be protected as long as someone, somewhere at Social Security received it. Even a fax will suffice.

Similarly, if you cannot download the appeal form, prepare something in writing that references your name and Social Security number along with a statement that you want to appeal, and get it to SSA.

You should always file your appeal within 60 days. It usually takes 1 to 2 years for your Social Security Disability appeal to be heard. During that time your condition(s) could get worse or you could get a new condition that will strengthen your case.

Call your Michigan Social Security Disability attorneys today at 1-866-540-0677 to help you file for Social Security Disability benefits if you suffer from a physical or mental illness. If you are in Macomb County, Oakland County, Wayne County or anywhere else in Michigan and need help with your Social Security Disability case, contact our office at mailto:info@allanwbenpc.com

Tuesday, July 20, 2010

I have been representing a client in his claim for long-term disabilit benefits. He sufferes from a cognitive disorder that has not fully been determined by his doctors to what caused him to have this medical problem. He has severe problems processing. If you ask him a question, it will take him several minutes to give you an answer. He also has memory issues. His doctors have some theories on why this is happening to him, but do not no yet for sure what caused this. His doctors do not believe that he has Alzheimer's. This has also caused him to have panic attacks. When I first started the claim it was against Aetna, but my client's employer changed their long-term disability carrier over to Met Life.

The key to having this long-term disaiblity claim approved was working with his doctors. I made sure to get his doctors to write reports on his behalf which detailed his disability.

Call the Law Offices of Allan W. Ben P.C. today, your Michigan Long-Term Disability attorneys at 1-866-540-0677 to help you with your Long-Term Disability case. If you are anywhere in the United States: Ohio, Arizona, New York, Illinois, Florida, in Michigan- Macomb County, Oakland County, Wayne County, Livingston County, Grand Rapids, Traverse City or anywhere else in Michigan and need help with your ERISA case, visit our website at www.allanwbenpc.com or contact our office at mailto:info@allanwbenpc.com

If you are disabled and think you may be eligible for Social Security Disability benefits, your first question may be, "how do I begin the application process?" The process begins with educating yourself on the eligibility requirements. There are many free resources available on the internet, including our firms website, http://www.allanwbenpc.com/

You can also contact a professional representative such as an attorney’s office who represents clients in Social Security Disability cases. I do not believe that you should contact a Advocacy group, they are not trained in the law. The lawyers at Allan W. Ben P.C have years of experience winning Social Security Disability cases. At Allan W. Ben P.C., we work with first time applicants or those interested in appealing their Social Security Disability application that was denied. Our lawyers will walk you through the process to determine if you are eligible for. If so, we offer to be your representative through the process, helping you submit your initial application for Social Security Disability Benefits, collect medical evidence, and appeal your denied claim in court if needed.

Applying on your own exposes you to the risk of not winning your case, or not winning in the first round, which may delay receipt of your cash benefits for years.

Call your Michigan Social Security Disability attorneys today at 1-866-540-0677 to help you file for Social Security Disability benefits if you suffer from a physical or mental illness. If you are in Macomb County, Oakland County, Wayne County or anywhere else in Michigan and need help with your Social Security Disability case, contact our office at mailto:info@allanwbenpc.com

Sunday, July 11, 2010

It was recently announced that beginning on March 1, 2011, Social Security checks will no longer be mailed out to new recipients of disability benefits.

The Treasury Department recently announced that all United States Government benefits payments will be made electronically to beneficiaries via direct deposit or onto a special debit card. Social Security Disability (SSD) and Supplemental Security Income (SSI) claims allowed on or after March 1, 2011 will be affected. Those whose disability claims were allowed before that date will have until March 1, 2013 to make the conversion if they are receiving their checks in the mail.

For those who do not have a bank account into which the benefits can be deposited, the Treasury Department has a Direct Express debit card to which payments will be made. That same card also accepts payments of Veterans benefits, Unemployment benefits, and Railroad Retirement benefits.

The reason for the move to paperless transactions is because it is believe that it will improve government efficiency and reduce costs normally associated with manually sending those checks in the mail. An estimated $48 million is expected to be saved annually on postage alone, and it will reduce or eliminate the problems associated with lost checks and fraud.

Why should you hire a National long term disability lawyer if you have an LTD claim? It's not at all hard to answer this question. Long term disability insurance companies are notorious for the tactics they employ against disabled workers who have become sick or injured LTD insurance carriers are more concerned about their profits than their claimants.. Their methods used to deny LTD claims include surveillance of a claimant's activities, digging into a claimant's personal life (banking, credit, and personal activities), and the use of stalling tactics that are designed to push LTD applicants to the very edge, both financially and emotionally.

Finding an experience attorney for your Long-Term Disability case requires asking specific questions to determine which attorney may be best for you. Choosing the wrong attorney may ultimately cost you your LTD/ ERISA case.

Having an attorney on a Long-Term Disability case can help you improve your chances of winning in this manner: the attorney will review your medical records and advocate on your behalf. But, more than that, a LTD lawyer will provide an incentive for an LTD carrier to properly evaluate your claim.

Long-Term Disability cases can be an intimidating process and should not be handled without an experience Nationwide Long-Term Disability Lawyer. There is no area of the law which cases requires more paperwork or forms, and which involves as much raw human emotion. As a result, a Long-Term Disability case can be confusing, time consuming, and often, very costly financially and emotionally. As a result, choosing a lawyer may be the most important decision you make in your entire case.

Not every lawyer is a good fit for every person. You must be sure that your philosophy of how to approach and handle your case matches the temperament and practice philosophy of your lawyer. As a result, you must ask questions that reflect your specific concerns.

A good lawyer will: a. help you to understand and focus on the issues of your divorce without losing sight of the emotional nature of the proceedings; b. help prepare your case for court, in case it becomes necessary to take your case to court; c. provide prompt and courteous responses to your questions; and d. work with you and your doctors. To choose an attorney you should find more than one candidate to interview.

The best way to find a good lawyer is to ask for a recommendation from someone you know and trust. However, don't just get names form your friends. Instead, ask them detailed questions regarding the specific strengths and weaknesses of the attorneys they recommend. If you still need more prospects, you may locate a lawyer through your local bar association's attorney referral service or through an internet listing service.

Most lawyers will offer a free initial consultation. You should speak with the lawyers that you intend to interview in advance regarding any costs associated with your first meeting. Meeting with a lawyer may seem intimidating. To ensure that you are prepared, you may wish to make out a list of questions or points that you would like to raise in the interview. Additionally, if you have already been served legal papers, bring them to the interview along with any correspondence or other relevant documents. This will allow the lawyer to assess the potential issues in your case.

Call the Law Offices of Allan W. Ben P.C. today at 1-866-540-0677 to help you with your Long-Term Disability case. We are a National Long-Term Disability law firm, our lawyers have years of experience fighting on behalf of clients who are applying for Long-Term Disability. We will aggressively represent you in your case. If you are anywhere in the United States: Ohio, Arizona, New York, Illinois, Florida, in Michigan- Macomb County, Oakland County, Wayne County, Livingston County, Grand Rapids, Taverse City or anywhere else in Michigan and need help with your ERISA case, contact our office at mailto:info@allanwbenpc.com

Congestive heart failure (CHF), also known as congestive cardiac failure (CCF) or simply heart failure, happens when the heart is unable to pump a healthy flow of oxygen-rich blood throughout the rest of the body. Although the name implies that the heart has failed or stopped, this is not actually the case; the heart continues beating and there is no chest pain associated with congestive heart failure. Instead, the blood flowing out of the heart is simply slowed down.

Congestive heart failure is the leading cause of hospitalization in those over 65 and can happen for a myriad of reasons, from heart defects, infection in the valves or lungs, high blood pressure or thyroid disease to narrowed arteries, disease of the heart muscle or valve, chronic anemia, coronary artery disease or scar tissue left from a past heart attack. Whatever the initial cause, the heart muscle becomes damaged and blood flow slows.

The cause of congestive heart failure is due to either systolic dysfunction, which is due to the pump function of the heart failing, or due to diastolic dysfunction, which is caused by a stiff ventricle wall that is not relaxing properly. In the case of diastolic dysfunction the result is a low stroke volume.

Signs of congestive heart failure are dependent upon which side of the heart is affected and can range from a shortness of breath, tiredness and poor circulation to dizziness and weight gain caused by fluid retention and swelling in the legs and ankles. To clinically diagnose congestive heart failure an ultrasound may be used to determine the amount of blood that is being pumped with each heartbeat, an X-ray may be used to detect the size of the heart, an electrocardiogram may be used to determine abnormalities or blood tests may be performed to show infection.

If congestive heart failure is diagnosed, doctors will normally suggest rest, a healthy diet, weight loss and less sodium and water intake. Depending upon the cause of congestive heart failure, they may also prescribe various drugs such as beta blockers, diuretics, vasodilators, angiotensin-converting enzyme inhibitors or digitalis. In some cases a valve may need replaced and if congestive heart failure is allowed to go unchecked and causes irreparable damage to the heart, it may result in a heart transplant.

To properly evaluate disability claims for CHF, the Social Security Administration (SSA) usually needs at least three months of detailed records describing your medical history, physical exams, lab studies, and response to treatment. A record of your medical findings over an extended period of time is called "longitudinal medical evidence."

The reason SSA looks at your condition over an extended period of time is to see if your ability to function despite your condition will stay the same, worsen, or improve with treatment. SSA won’t wait at least three months to make a decision on all CHF claims; especially if your longitudinal medical records show that your condition has continued to worsen or has not improved with treatment.

If your condition is unstable when you apply for disability, SSA may wait until your condition stabilizes with treatment to see how well you are able to function at that time. That wait-time for stabilization to occur is typically 3 months. For example, if you are hospitalized with CHF, SSA may wait 3 months to see how well you do on medications after discharge.

If you or a loved have been denied Social Security Disability and you need to appeal your case , you should consult with an experienced Michigan or Arizona Social Security Disability attorney. Allan W. Ben P.C. is a Michigan and Arizona Social Security Disability law firm which can help you or your loved one with their case. We handle cases all over Michigan including Oakland County, Wayne County, Macomb County and Livingston County. We also handle Social Security cases in Scottsdale and Phoenix, Call are office toll free at 866-540-0677 or by email at mailto:info@allanwbenpc.com

Saturday, July 10, 2010

Yes. During the first two years of your disability, many insurance carriers define “disability” to mean that you are unable to perform your “own occupation”, while other carriers define it as the inability to perform “any occupation”. IT IS VERY IMPORTANT TO GET A COPY OF YOUR LONG-TERM DISABILITY POLICY TO DETERMINE THE DEFINITION OF DISABILITY THAT APPLIES TO YOU. Generally, the burden is on you to prove that you can’t perform your own occupation. It is important to recognize that policies often change the definition of “disability” after you have received benefits for a fixed period of time. For example, you have been receiving benefits for 2 years because you cannot do your own occupation, however, your policy states that after 2 years of receiving benefits you have to prove that you cannot do “ANY OCCUPATION” to continue receiving benefits. It is much more challenging to prove that you cannot do “any occupation”, than it is to prove you cannot do your “own occupation”, and as a result many insurance carriers will cut off your benefits when the policy changes.

Your disability benefits will last until: 1) you are able to return to your “own occupation”, 2) your policy’s definition of “disability” changes to include “any occupation” and you do not meet this requirement, or 3) you reach the age limit stated in your policy. It is important to note that your insurance carrier can reevaluate your disability status and eligibility at any time. In addition, your carrier can check in with your treating physician at any time which is why it is critical that you see your doctor at least once every 3 months.

Call the Law Offices of Allan W. Ben P.C. today at 1-866-540-0677 to help you with your Long-Term Disability case. We have years of experience fighting on behalf of clients who are applying for Long-Term Disability, we will aggressively represent you in your case. If you are anywhere in the United States: Ohio, Arizona, New York, Illinois, Florida, in Michigan- Macomb County, Oakland County, Wayne County, Livingston County, Grand Rapids, Taverse City or anywhere else in Michigan and need help with your ERISA case, contact our office at mailto:info@allanwbenpc.com

Friday, July 9, 2010

A stroke occurs when an artery to the brain becomes blocked or ruptures, resulting in death of an area of brain tissue (cerebral infarction) and causing sudden symptoms. Most strokes are ischemic, usually due to blockage of an artery, but some are hemorrhagic, due to rupture of an artery. Transient ischemic attacks resemble ischemic strokes except the symptoms resolve within 1 hour. Symptoms of a stroke occur suddenly and can include muscle weakness, paralysis, abnormal or lost sensation on one side of the body, difficulty speaking, severe headaches, confusion, problems with vision, dizziness, and loss of balance and coordination.

Ask the individual to SMILE.

Ask the person to TALK and SPEAK A

SIMPLE SENTENCE (Coherently), (i.e. It is sunny out today.)

Ask him or her to RAISE BOTH ARMS. If he or she has trouble with ANY ONE of these tasks, call emergency number immediately and describe the symptoms to the dispatcher.

New Sign of a Stroke -------- Stick out Your Tongue NOTE: Another 'sign' of a stroke is this: Ask the person to 'stick' out his tongue. If the tongue is 'crooked', if it goes to one side or the other, that is also an indication of a stroke.

Diagnosis is based on symptoms, but imaging and blood tests are also done. A neurologist I have spoken with say that if he can get to a stroke victim within 3 hours he can totally reverse the effects of a stroke...totally. He said the trick was getting a stroke recognized, diagnosed, and then getting the patient medically cared for within 3 hours, which is tough.

Recovery after a stroke depends on many factors, such the location and amount of damage, the person's age, and the presence of other disorders.

Stroke is found in section 11.04 of the listing of impairments. Section 11 describes Neurological disabilities and section 11.04 describes Central Nervous System Vascular Accident (a stroke). This is what 11.04 says: 11.04 Central nervous system vascular accident. With one of the following more than 3 months post-vascular accident: A. Sensory or motor aphasia resulting in ineffective speech or communication; or B. Significant and persistent disorganization of motor function in two extremities, resultin in sustained disturbance of gross and dexterous movements, or gait and station (see 11.00C).

If you apply for disability very soon after the stroke occurred, then it might take longer than normal for your application to be processed. According to section 11.04, more than 3 months must pass before a decision can be made on disability. This is mainly because not all strokes are the same, some are more severe than others. After 3 months, doctors should have a good indication of the recovery time frame, and the ability of the stroke victim to perform simple tasks.

If you or a loved have applied for Social Security Disability you should consult with an experienced Social Security Disability attorney. Allan W. Ben P.C. is a Michigan and Arizona Social Security Disability law firm which can help you or your loved one with their case. We handle cases all over Michigan including Oakland County, Wayne County, Macomb County and Livingston County. We also handle Social Security cases in Scottsdale and Phoenix, Call are office toll free at 866-540-0677 or by email at mailto:info@allanwbenpc.com

Any child under age 18 who meets the Social Security Administration's definition of disability for children and if their income and resources fall within the eligibility limits may qualify. The requirements for children can differ from adults. Since children do not have a work history, the funds for children with disabilities are paid through the Supplemental Security Income (SSI) program.

Social Security has a strict definition of disability for children. a. The child must have a physical or mental condition(s) that very seriously limits his or her activities; and b. The condition(s) must have lasted, or be expected to last, at least 1 year or result in death.

If you want to win your child SSI case, your child’’s disability must fall within one of their categories. For child listings, there are 14 categories:

For each of these 14 body systems, SSI has decided what it takes to prove that your child is disabled. Usually, SSI requirements look to the results of medical tests. Sometimes, they look to activity limitations.

It is important to secure good physician's treatment records and school records. Generally, because children do not have a work record to consider, a school record can be very important in theses cases. Records documenting the child's difficulty in school, the need for special education classes, and being held back from the appropriate grade level can show the Social Security Administration the child has "marked and severe" impairments.

If you have questions regarding your child's qualification for Social Security benefits, contact a Detrtoit Social Security Disability Attorney at Allan W. Ben P.C. for a free consultation at (866) 540-0677 or at info@allanwbenpc.com

Monday, July 5, 2010

A migraine is a neurological condition. Migraines are chronic headaches with symptoms lasting hours, possibly days. The frequency of migraines is unpredictable; they can happen weekly, monthly, or less often. It often results in recurring attacks that have similar attributes to that of a normal headache, but are much longer in duration and more much more severe than a common headache. Migraines are typically classified into two categories: classic and common. Classic migraines are often preceded by visual disturbances and odd physical sensations that can include tingling, numbness, nausea and vomiting. Precursors to common migraines are feelings of depression and/or restlessness, or even periods of talkativeness. These symptoms are usually experienced two to three days before the migraine starts. It is estimated that approximately 30 million Americans suffer from migraine headaches.

There are many people who suffer from migraines that can not work full time because of the pain from their migraines. We have many clients who have applied for Social Security Disability because of these limitations. If you have no other impairments and have migraines on a limited basis you are not likely going to qualify for Social Security Disability benefits. The more often you have migraines that are debilitating the better chance you have of being successful in your case.

There are a few things that a claimant can do to help their case. First, keep a diary of your headaches. Keep track of the date you have your migraine, how many days the migraine lasts, what medications you took for your migraine, and what actions you took to help with the pain from your migraine. Second, your doctor has to have very specific information about your migraines. Your doctor has to note in your medical records The basic argument the lawyers at Allan W. Ben P.C. make for our clients are that due to the frequent and debilitating migraine headaches, our client would not be a reliable employee at even a low stress, simple job with minimal physical and mental demands.

In migraine headache cases, the functional capacity limitations that we usually see involve job attendance and daily reliability. Migraine patients frequently experience headaches randomly, with no specific cause identified. When a migraine hits, the claimant needs to lie down in a dark room and avoid all stimuli including noise or light. If the claimant happens to be at work, he/she has to leave or be driven home. Unscheduled absences from work are also common. From what our clients tell us, severe migraine headaches cause pain at such a level that no activities of any type are tolerable.

If your doctor will document your activity limitations, you have a good chance at being successful. For example, you will want your treating doctor to state that you will need unscheduled breaks from work, that you will miss several days of work each month because you can’’t come in, and that you need low stress activities. Your doctor should also describe the unpredictability of your migraine headaches, side effects of medications and how successful are your medications in reducing your symptoms.

If you find that the frequency and duration of your migraine headaches leave you unable to find or keep a job, you may have a viable Social Security Disability claim. You need to speak with an experienced Michigan or Arizona lawyer, you need to contact Allan W. Ben P.C. at 1-866-540-0677 for an expierenced Michigan and Arizona Social Security Disability attorney. You can get more information about our law firm at www.allanwbenpc.com

Your initial call to the Long-Term Disability insurance company is very important. You should prepare yourself prior to making the initial phone call. The insurance company will use this first phone call as an opportunity to interview you about: how your disability occurred and what medical treatment you have received; specifics about your job; and your activities of daily living. You should therefore prepare yourself before making the initial phone call. If they call you prior to your initial phone call, you should ask if you could call them back so that you have an opportunity to gather your thoughts. Anytime you talk the insurance company you should be courteous and forthright. Remember no matter how friendly and helpful the claims representative seems, he or she is not on your side. The insurance company employees are not their to help you. An insurance company makes money by collecting premiums and not by paying out benefits.

The most important question you must be prepared to answer from the insurance company is the following: Why were you able to work yesterday, but not today? This is easy to answer in the case of an accident, but not in the case of a progressive illness. Often, an individual becomes slowly and progressively more impaired until they reach a point when they just cannot work any longer. This must be explained to the insurer.

Disability insurance companies will often ask you to describe a "typical" day. This is a trap for claimants who suffer from a condition with variable symptoms. If you have such a condition, you generally have "good" days and "bad" days. You may have days that you stay in bed all day, but you may also have days in which you can perform certain activities. You should tell the insurance company both what you can do on your worst days and what you could do on your better days. Be careful about the terminology that you use.

Saturday, July 3, 2010

Yes, you can refuse to go to a CE, or consultative examination, commonly known as a "social security medical examination". However, this would not be a smart move. In fact, a failure to attend a scheduled exam can potentially be grounds for a denial of a claim due to a failure to cooperate. If, of course, you are unable to make your appointment, than make sure to call before the appointment to reschedule. For a claimant who simply has no recent medical record documentation, not going to a consultative exam can only lead down the path to a denial.

You have to consider why a disability examiner wants to schedule a claimant for such an exam in the first place. These exams are not for the purpose of treatment. A) Usually, its because a claimant does not have enough medical treatment. If you have not seen your doctor for your condition stated on your application in a long time, a consultative examination may be set up. B) Sometimes a CE is scheduled because a claimant has never been treated for a condition they've listed on their disability report. Depression is a good example of this. Many individuals list depression on a disability application without ever having received treatment for depression from a mental health treatment source, or even from their own doctor. Or simply because their family doctor indicated a single word in the treatment notes, "depression". C) Some disability exams are not really exams. Sometimes a disability exam is actually testing.

They can include opthalmological exams, bloodwork. In other instances, a claimant will be sent out for a simple X-ray if an imaging report is not available from the claimant's list of medical treatment sources.

When you goto your appointment it is important to bring with you: a) Make sure that Social Security has received all of your medical records before the consultative examination. You can bring records with you to the examination. b) Bring your prescription medication to the examination. The doctor will want to know what medication you are taking. The doctor may check the date of your prescription and count the pills in the bottle to see if you are taking the medication according to your doctor's instructions. c) Make sure to tell the doctor about all of the medical problems that you have. Be as specific as possible about your medical problems.

Some claimants are understandably nervous about going to consultative exams, possibly because they fear some level of bias on the part of a "social security doctor". However, the doctors who perform such exams are not employees of the social security administration. These doctors are independent physicians who perform examinations on a contract basis. Having said that, though, it's true that, when the topic arises, a large percentage of claimants who have gone to consultative exams will report that the examining physician was rude or seemed to exhibit behavior that indicated a biased stance.

Generally, if a claimant goes to a physical consultative exam for a social security disability or SSI disability case, what they'll find is that: a) the exam will be fairly short; b) the doctor may be somewhat rude; c) the doctor will ask you very little information; and d) the doctor will typically know little about their medical condition or history -- disability examiners will sometimes send the examining physician excerpts from the medical record to apprise them of the claimant's medical history, but there's no guarantee that the examining physician will read the information.

However, what a disability claimant will not be privy to is the fact that, at the initial claim and reconsideration levels, consultative exams are usually scheduled so a disability adjudicator can simply obtain recent documentation for the file. None of which changes the fact, of course, that if you are scheduled to go to an examination appointment for your disability claim, you really need to go.

A lump-sum buyout is a one-time, lump-sum payout to the disabled person instead of paying benefits out over a longer period of time, often until age 65.

Sometimes people need money right away. The attorneys at Allan W. Ben P.C can approach your insurance company and see if they want to buy out your policy. Alternatively, sometimes insurance companies will approach people who are already being paid and offer to buy them out. Whatever the situation, disability benefits companies are sometimes interested in “buying out” a long-term disability policy.

Given a disability benefits insurance company’s interest in keeping as much money as possible, we can help you negotiate a settlement that is fairer, and hopefully help you recover more money than you otherwise would have. We have negotiated buyouts for many different types of claims, and with various disability benefits carriers.

Call the Law Offices of Allan W. Ben P.C. today at 1-866-540-0677 to help you with your Long-Term Disability case. If you are anywhere in the United States: Ohio, Arizona, New York, Illinois, Floriday, in Michigan- Macomb County, Oakland County, Wayne County, Livingston County, Grand Rapids, Taverse City or anywhere else in Michigan and need help with your ERISA case, contact our office at mailto:info@allanwbenpc.com

Fibromyalgia is now a recognized medically determinable impairment by the Social Security Administration. For this reason, the Fibromyalgia claimant who has been denied should not give up on their case.

Fibromyalgia is a pain disorder that has gained increasing recognition over the past 20 years. and may lead to a determination of disability.

The first guidelines to diagnose Fibromyalgia were created by the American College of Rheumatology (ACR) in 1990. Fibromyalgia can bring widespread pain, particularly among 18 designated “tender points” in the body. The ACR guidelines suggest the patient must have pain in at least eleven of these designated points to warrant a diagnosis of Fibromyalgia. The pain must also be felt on both sides of the body, as well as above and below the waist. There is often sleeping trouble and emotional difficulty compounding the physical pain.

Fibromyalgia is a long-term condition in which patients may also experience sleeping trouble and emotional difficulties. While there are no laboratory tests that can isolate a specific physiological cause, Fibromyalgia is often the result of a previous accident, trauma, or illness.

If you think you have Fibromyalgia it’s important to find physicians who have some experience with this unusual illness. Most commonly they practice internal medicine or rheumatology.

Pregabalin (Lyrica) was the first medicine FDA-approved to treat Fibromyalgia. More Fibromyalgia drugs are in development. Doctors also treat Fibromyalgia with a variety of medications developed and approved for other purposes.

If you are looking for a lawyer for your Fibromyalgia claim you should look for one who has handled many of these claims. These cases require an understanding of the disease and how to deal with the all too common skeptical eye some of those people have with these cases. Many lawyers will not even take these cases because they can be difficult to prove to an skeptical Administrative Law Judge. If you are looking for a law firm who has handled many Social Security Disability claims for Fibromyalgia consider contact Allan W. Ben P.C. we have helped many people with the condition get their benefits and know what it takes to win.

Thursday, July 1, 2010

Anxiety disorder is a severe mental illness. Unlike the anxiety or fear that you might experience before a test or public speaking, an anxiety disorder can put its victim into such a state of distress that it can disrupt their normal course of life. There are several recognized categories of anxiety disorders they include, Obsessive compulsive disorder, panic disorder, Post-traumatic stress disorder, Social anxiety disorder, specific phobias, such as fear of heights, or insects. The last category of anxiety disorders is a general anxiety perhaps provoked by nothing at all.

Anxiety is one of the most common psychological disorders in the United States. It affects more than 20 million people. Because anxiety disorders are a group of related conditions, rather than a single disorder, they can appear very different in each individual. One person may suffer from intense anxiety attacks that strike without warning. While others become panicky at the thought of mingling at a party. Someone else may struggle with a disabling fear of driving or experience uncontrollable and intrusive thoughts. Some may live in a constant state of tension, worrying about anything and everything. Some hints that you may be suffering from an anxiety disorder may include: Feelings of panic, fear, uneasiness, nightmares, obsessive behaviors such a repeatedly washing ones hands, problems sleeping, an inability to be still and calm, nausea, muscle tension, dizziness.

There are six major types of anxiety disorders, each with their own distinct symptoms that include:a. Generalized anxiety disorder b. Obsessive-compulsive disorder c. Panic disorder d. Phobia e. Post-traumatic stress disorder f. Social anxiety disorder

When a disability claim for mental anxiety is reviewed, the Social Security Administration will want to know if there are medically documented findings showing motor tension, autonomic hyperactivity, apprehensive expectation, vigilance and scanning, persistent irrational fear of something, recurrent severe panic attacks, recurrent obsessions or compulsions, recurrent and intrusive recollections of a traumatic experience, restrictions of daily living activities, difficulties maintaining social functioning, difficulties maintaining concentration, pace or persistence, or complete inability to function independently outside of one’s home. The more of these symptoms that are displayed, and the more severe, the higher the chances are of a social security disability or SSI claim being granted. Generally, anxiety claims are not so severe that disability would be granted. But, anxiety in combination with other disabilities can make for a strong claim.

In order to show how severe and debilitating your anxiety is to the Social Security Administration, it is very important to document how this debilitating condition impacts your ability to perform a job and function normally in your daily life.

If you or a loved one suffer from anxiety or any other mental illness and you are no longer able to work, you should consult with an experienced Social Security Disability attorney. Allan W. Ben P.C. is a Michigan and Arizona Social Security Disability law firm which can help you or your loved one with their case. We handle cases all over Michigan including Oakland County, Wayne County, Macomb County and Livingston County. We also handle Social Security cases in Scottsdale and Phoenix, Call are office toll free at 866-540-0677 or by email at mailto:info@allanwbenpc.com

About Me

I am a graduate of The Ohio State University and Chicago-Kent College of Law. I was a member of Sigma Alpha Mu while attending The Ohio State University. I was admitted to practice in the State of Michigan in 1999. I was admitted to practice law in the Eastern District and Western District of the U.S. District Court. I am a member of the Oakland County Bar Association and the Detroit Bar Association. I am a member of the Michigan Association for Justice. I have not been disciplined by the State Bar of Michigan.